IX. NATIONAL COMMISSIONS

National Human Rights Commission (NHRC)Concerned that "normalcy had not been restored in the State despite the passage of three weeks since the tragic events in Godhra,"293 the National Human Rights Commission conducted a fact-finding mission in Gujarat from March 19 to March 22.294 The resulting report together with a report requested from the Gujarat state government were considered during proceedings on April 1, 2002 in which the NHRC issued "Preliminary Comments" and "Recommendations" to the government of Gujarat.295 Together, the preliminary comments and recommendations constitute the NHRC's most extensive commentary on the continuing violence in Gujarat to date. Because of ongoing human rights concerns, the NHRC continues to monitor the situation in Gujarat and will issue additional comments and recommendations at a later date.

The NHRC found that the ongoing violence in Gujarat has "resulted in the violation of the Fundamental Rights to life, liberty, equality and dignity of citizens of India...."296 Significantly, it then considers whether the Godhra tragedy and the resulting violence could have been prevented by the state government and police. In light of the state government's own admission that Gujarat witnessed over 443 "communal incidents" between 1970 and 2002, the commission faults the state government for a "failure of intelligence and action" with regard to the events "leading to the Godhra tragedy and the subsequent death and destruction that occurred."297

The NHRC also contradicts the Gujarat government's continued assertion that violence was contained within 72 hours of the Godhra massacre.298 According to the commission, "[v]iolence continues in Gujarat as of the time of writing...."299 Citing two Muslim judges of the High Court of Gujarat who were forced to flee their homes and seek refuge out of fear, the commission states that there is "no clearer evidence" that the government failed to control violence in a timely manner.300

The preliminary comments also note with concern that police in Gujarat were constrained in performing their duty to quell communal violence. The NHRC takes notice of reports that organized mobs "armed with cell phones and address" sometimes singled out persons and property for destruction "within view of police stations and personnel."301 Commenting on this issue during his investigation, the NHRC's Chairman stated, "police officials should not ask permission to perform their duty under the law. They must act."302

The NHRC also expressed concern about the "widespread lack of faith in the integrity of the investigating process and the ability of those conducting investigations." In particular the NHRC noted that numerous allegations had been made that FIRs were being "distorted or poorly recorded" and that "senior political personalities" sought to "`influence'" investigations by remaining present in police stations.303 The commission therefore listed as the first item of its "Recommendations" to the Gujarat government that the Central Bureau of Investigation be entrusted to investigate critical cases so that the "integrity of the process" could be restored.304 In particular the NHRC recommended that the incidents at Godhra, Gulmarg Society, Naroda Patia, Sardarpura and Best Bakery in Vadodara be entrusted to the CBI.305 The commission also recommended that "Special Courts" be created to try these critical cases and that "Special Cells" be constituted with District Magistrates monitoring the progress of the investigation of cases not handled by the CBI.306

At present over 98,000 displaced Muslims live in relief camps throughout Gujarat. The NHRC recommended that senior political leaders and officers visit the camps in order to restore the confidence of victims. Though there are no reports that Gujarat Chief Minister Narendra Modi has visited any of the camps, Indian Prime Minister Atal Behari Vajpayee visited a relief camp on April 4, 2002 and expressed his regret for the condition of the displaced.307 The commission also recommended that displaced person not be asked to leave camps until appropriate relief and safety measures are in place.308 The media has reported that Chief Minister Modi and other state government officials have asserted that tens of thousands of the Muslims displaced want to return to their homes despite the displaced's pleas that did not yet feel safe doing so.309

Recognizing the serious needs of hundreds of destitute women, orphans and those subjected to rape, the NHRC's recommendations call on government agencies to ensure that they receive proper counseling and psychological care.310 The commission's recommendations also state that the numerous places of worship that were destroyed be restored immediately.311

The commission has had to overcome litigation seeking to bar its investigation of the violence in Gujarat. On March 27, 2002, the Gujarat High Court admitted a petition challenging the commission's jurisdiction in probing the communal violence in Gujarat because a state-appointed commission was already probing the violence.312 The NHRC was forced to seek the Indian Supreme Court's intervention in the matter. On April 3, 2002, the Supreme Court ordered the state government to stay the proceedings in the Gujarat High Court until further notice.313

The NHRC has made serious allegations of state misconduct and put forth detailed recommendations on how the Gujarat state government may meet its human rights obligations. Thus far, its preliminary comments and recommendations have not been received well by the Gujarat government.314 There is no indication to date that the state government intends to implement any of its recommendations. At the central government level, Prime Minister Vajpayee has stated only that he is sure the state government would "consider" the NHRC's recommendations.315

National Commission for Minorities (NCM)Like the National Human Rights Commission, the National Commission for Minorities has taken serious issue with the state response to the ongoing violence in Gujarat.316 In addition to conducting an investigation in Gujarat's capital, Ahmedabad, in mid-March, the NCM summoned top state officials to appear before it in New Delhi on April 6, 2002, after the state failed to respond to its request for a report on the action it had taken thus far to stem the violence in early March.317 This is not the first time that the NCM has investigated and commented upon violence against a religious minority in Gujarat. In 1998, the NCM investigated attacks against the Christian community in the state.318 Thus far the NCM is "`not satisfied with steps so far taken by the Gujarat administration to protect minorities.'"319 Similar to the NHRC, the NCM has found that despite government claims to the contrary, "normalcy" has not returned to Gujarat.320 As a result, the NCM has made public recommendations for the government of Gujarat that it believes will further the protection of human rights in the state.

Police operations in Gujarat have come under close scrutiny by the commission. Because it has found that minority communities still fear and distrust the state, it has recommended that police officers from minority communities be immediately deployed in violence-prone areas.321 If no minority police officers are available, the commission has recommended that they be recruited from other states.322 In addition, the NCM has taken issue with the transfer of police officers who tried to stop mobs from attacking Muslims. It has requested the state to immediately end this practice.323 The commission has also recommended that the state punish those officers who did not perform their duties during communal violence.324

The NCM has also called on the Gujarat state government to immediately repair and restore all damaged places of worship. At present, it is estimated that over 500 places of worship were destroyed by mob violence.325 Among the places of worship destroyed was the Malik Asin mosque, a nationally protected monument that was destroyed by bulldozers.326 The NCM in addition expressed its concern about the safety of the tens of thousands of persons in relief camps in Gujarat. It has recommended that the state government shift these persons to more secure sites and to allocate land specifically for that purpose.327

294 The NHRC is an autonomous, statutory body created pursuant to the Protection of Human Rights Act, 1993. The commission has all the powers of a civil court trying a suit including summoning and enforcing the attendance of witnesses and examining them on oath; compelling discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; and issuing commissions for the examination of witnesses or documents. Unlike the rulings of a civil court, however, the commission's recommendations are not enforceable.

295 The full report by the NHRC's fact-finding team is being kept sealed. It has been sent only to India's prime minister. The commission requested a report from the Gujarat Proceedings government within three days on March 1, 2002. A report was received from the state government on March 11, 2002 but was rejected by the NHRC as "perfunctory." A satisfactory report was submitted more than three weeks later on March 28, 2002.

316 The National Commission for Minorities is an autonomous, statutory body created pursuant to the National Commission for Minorities Act, 1992. The Commission has all the powers of a civil court trying a suit but like the National Human Rights Commission, its recommendations are not enforceable.